Media Release from the Anti-Discrimination Board of NSW

Everyone is looking forward to having fun at the end of year and Christmas celebrations, but they should be careful not to go overboard, according to the President of the NSW Anti-Discrimination Board, Stepan Kerkyasharian.

‘The combination of a social setting, a relaxed party atmosphere and alcohol can create high spirits which can quickly erode inhibitions and commonsense,’ Dr Kerkyasharian said. ‘This can lead to incidents of sexual harassment that would be less likely to occur at other times of the year.’

‘Office parties create an environment where people feel they can be less formal. However, people need to be aware that social functions are considered an extension of the workplace and anti-discrimination legislation still applies.’

‘It’s also important to be aware of what constitutes sexual harassment,’ Dr Kerkyasharian said. ‘It can include unwanted sexual advances, repeated invitations, physical contact, staring , leering or whistling, commenting on a person’s physical appearance, displaying sexual material in public or by email, talking at length about sexual activity or asking intrusive questions.’

Dr Kerkyasharian said employees should also be careful to avoid other kinds of discrimination at work parties. ‘A person may not intend any offence, but jokes based on race, sexual preference or disability can still be very hurtful and can constitute harassment under anti-discrimination legislation.’

Employers should also be aware of their responsibilities in preventing discrimination and harassment at work events. ‘An employer can be liable if employees engage in inappropriate behaviour regardless of whether the party is held after hours or off-site,’ Dr Kerkyasharian said.

‘However, as long as people remain respectful of each other, I am sure they can have a wonderful party season. On behalf of the Anti-Discrimination Board, I hope you have enjoyable end of year celebrations and wish you all a happy and relaxing holiday’.

If you do experience discrimination or harassment, you can contact the Anti-Discrimination Board for confidential advice on (02) 9268 5544 or 1800 670 812. We also provide information to employers about their responsibilities to prevent discrimination in their workplace.